Abstract of Circuit Court Record Books 1853 - 1856

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Session November 1856

p 51 - November 24, 1856.
Be it remembered that in accordance with the order of adjournment made at the September Term of the Greene Circuit Court met on the fourth Monday in November 1856 when there was present the Hon. Charles S. Yancey, Judge of the 13th Judicial Circuit, Peter C. King, Sheriff A.G. McCracken, Clerk of said Court.

Thomas G. White Plaintiff
vs                                                   Civil Action
A.H. Walker Defendant
Now at this day comes the parties by their attornies and this suit by leave of the Court is dismissed. It is therefore considered by the Court that the Plaintiff take nothing by his Suit and the Defendant have and recover his costs in this behalf laid out and expended for all of which let execution issue.

Richard J. Ragsdale Plaintiff
vs                                                   Civil Action
William G. Perkins Defendant
Now at this day comes the parties by their attornies and having announced themselves ready for trial thereupon came a Jury, viz William Gray, William S. Wilkes, James R. Turner, Thomas Ellison, Elijah Gray, R.B. Weaver, Archibald Clark, James R. Dyer, A.F. Bighee, J.T. Morton, John H. Caynor and Chesley Stark twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties having heard a part of the evidence and there not being time to complete the same are by the Court discharged until tomorrow morning at 9 o'clock.

p 52.
Thomas J. Turner, Theophelus B. Turner
by Thomas Turner his guardian
Leonidas Collins and Lucretia Collins
formerly Lucretia Turner
John L. Turner, James R. Turner
Thaddius Turner by
James R. Turner his guardian -
and Mary M Carthal Plaintiff EXPARTEE
Petition for Partition
Now at this day come the petitioners by their attorney and file their petition showing
(continued)

170
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D. JR
NOVEMBER SPECIAL SESSION 1856
p 52 (continued)
to the Court that they are heirs and distributes of the Estate of James C. Turner, deceased and by the will of said deceased are owners in coparunary of the following real estate viz: Lots 3,4 and 5 NE Fra 1/4 Sec 1 and Lots 2 and 3 and W 1/4 Lot #2 NW Fra 1/4 and Lot No 5 and W Fra Lot No 2 NE Fal 1/4 Sec 3 TWP 29 Range 20. That each of said petitioners are entitled to one undivided seventh part of said real estate and petition the Court that partition be made of the same according to the respective interests and all and singular the premises be seen and by the Court understood. It is ordered and adjudged that partition be made of said real estate according to the prayer of said petition. It is further ordered by the Court that John L. McCraw, Wiley B. Roper and Bedford W. Henslee be appointed Commissioners to make partition of said real estate in accordance with the order of this Court.

p 53. Tuesday November 25th 1856.
State of Missouri Plaintiff
vs                                                   Contempt
John H. Miller Defendant
It being shown to the satisfaction of the Court that John A. Miller had been duly subpoenaed to appear at the present Term of Court and testify in a cause wherein A. Weaver is Plaintiff and William Hendrick is Defendant and had failed so to do. It is ordered that an attachment issue for the said Miller returnable forthwith.

Nancy Ann Inman
vs                                                   Civil Action
Peter Ussery
It being shown to the Court here that since the commencement of this suit Plaintiff has intermarried with Francis P. Wilson. It is by agreement of parties ordered that said F.P. Wilson be made a party Plaintiff to prosecute this suit jointly with his said wife Nancy Ann.

p 54.
Richard Ragsdale Plaintiff
vs                                                   Civil Action
William G. Perkins Defendant
Now at this day again come the parties and the Jury having heard the evidence completed - the argument of Counsel and received the instructions of the Court returned to consider of the verdict and again return into Court with the following verdict "We the Jury find the issues for the Defendant. Ripley W. Weaver, foreman." It is therefore considered by the Court that the said Plaintiff take nothing by his suit and that the said Defendant have and recover of the said Plaintiff his costs laid out and expended for all of which let execution issue.

p 55.
David M. Lagan Plaintiff
vs                                                   Civil Action
John R. Guinn Defendant
Now at this day come the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury viz: Elam P. Gott, John A. Morton, Joseph E. Winfield, John R. Owen, John Edwards, Chesley Stark, John L. Morrow, James R. Dyer, James L. Wilson, William Weaver, James S. McQuerter and John S. McQuinty twelve good and lawful men who being duly elected tried and sworn to well and truly try the issues joined between the parties. Having heard a portion of the testimony and there not being sufficient time to complete the same they are by the Court discharged until tomorrow morning at 9 o'clock.

171
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D Jr.
NOVEMBER SPECIAL TERM 1856

p 56. Thursday November 27th 1856.
State of Missouri Plaintiff
vs                                                   Contempt
Samuel Dinsmore Defendant
It being shown to the satisfaction of the Court that the Defendant had been dulysubpoenaed to appear at this term of this Court to testify as a witness in the cause of A. Weaver vs William Hendrick and had failed so to do it is ordered that an attachment issue for said Defendant returnable forthwith.

p 57 - nil

p 58.
Joshua M. Bailey Plaintiff
vs                                                   Appeal J.P.
Peter Apperson Defendant
Now at this day comes the Defendant and by leave of the Court files his petition for a Change of Venue in this cause for the reason that the minds of the inhabitants of Greene County are so much prejudiced against him that he cannot have a fair trial.

Samuel Fulbright
to Deed
Rezin McMinn
Now at this day comes Samuel Fulbright who is known to the Court as the former Sheriff of Greene County and the identical person whose signature appears to an instrument of writing purporting to be a Sheriff's Deed to Rezin McMinn for the following described land viz: the NW 1/4 of NW Sect 33 TWP 31 Range 20. SW 1/4 of SW 1/4 of Sec 33 & SE 1/4 of SE 1/4 Sec 29 & SE 1/4 of SE 1/4 Sect 29. and NE 1/4 of NW 1/4 of Sec 23 all in TWP 31 Range 20W and the said Samuel Fulbright acknowledged the same to be his act and deed for the uses and purposes therein contained.
(The above boundries seem wrong in places)

p 59.
Robert P. Faulkner Plaintiff
vs                                                   Civil Action by Attachment
Lemuel B. Lewis Defendant
Now this day comes the parties and leave is given Plaintiff to amend his petition by inserting the given name of the Defendant Lemuel B. Lewis and it is also ordered that an inquiry of damages be awarded on the three day of the next term of this Court.

p 59/60.
L.B. Call Plaintiff
vs                                                   Civil Action
George Cluck Defendant
Now at this day comes the parties by attorneys and an application of Defendant that cause is continued until next term of this Court at Defendants cost for which let execution issue. It having been discovered during the sitting of the adjourned term of the regular September term A.D. 1856 of the Greene Circuit Court in accordance with an order made by said Court interm that an offense has been committed in said County of Greene, State of Missouri and the Grand Jury attending said Court having been discharged. It is ordered by the Court that the Sheriff of said County of Greene summon another Grand Jury to be in attendance on Saturday November 29th 1856 to inquire into a case of Grand Larceny charged to have been committed by Joseph Laduke in the County and State aforesaid.

172
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D JR
November Adjourned Term 1856

p 60
It is ordered by the Court that all depositions directed to the Clerk of this Court shall be filed and published as soon as received and all motions of the suppressions of depositions in any cause shall be filed one day before the case is set for trial except cases set for trial on the first day of the term and the motion in that case shall be filed in the morning session of the first day.

Adam Weaver Plaintiff
vs                                                   Civil Action
William Hendrick Defendant
Now at this day comes the Defendant by leave of the Court and files his application verified by affidavit for a continuance of this cause for the want of material testimony which he has been unable to obtain. And all and singular the premises seen and by the Court understood said continuance is granted and it is ordered by the Court that the Plaintiff have and recover his costs laid out and expended at the September regular and adjourned term of this Court for all of which let execution issue.

p 61.
David M. Logan Plaintiff
vs                                                   Civil Action
John R. Guinn Defendant
Now at this day come again the Jury in this cause and it appearing that there was no possible chance for said Jury to agree on a verdict the said Jury is by agreement of parties and order of the Court discharged.

p 61/62.
Thomas H. Turner
EXPARTEE Petition for Partition.
Now at this day come the Commissioners appointed on the first day of the Adjourned Term and by leave of the Court make the following report, viz: State of Missouri, County of Greene The Honorable Charles S. Yancey, Judge of the Greene Circuit Court Your Commissioners appointed to view and make partition of the real estate of James C. Turner deceased among the several heirs and distributing of said estate - Viz: Lots 3,4,5 of NE fcl 1/4 Sect 4; Lots 2,3,4, NW fcl 1/4 of Sect 3; Lot 5 NE fcl 1/4 Sect 3; and W fr Lot 2 NE fcl 1/4 of Sect 3; all in Township 29 Range 30 in Greene County, State of Missouri, according to the respective rights, to wit: Thomas H Turner one-seventh; Theophulus Turner one-seventh part; Leonidas Collins and Lucretia Collins his wife one-seventh part; John L. Turner one-seventh part, James R. Turner one-seventh part, Thaddius S. Turner one-seventh part, Mary M. Carthal one-seventh part. Your commissioners after viewing the Said real estate have to report that the same is not susceptable of division in kind without great prejudice to those interested and would respectfully recommend that said land be sold and that the parties as above set fourth. Given under our hands this November 28th 1856 Sworn to and subscribed before me this 28th November 1856
A.G. McCracken ClerkJohn L. McCraw
by J.W.D.L.F. Mack DC B.W. Henslee
W.B. Roper

173
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D JR
NOVEMBER ADJOURNED TERM 1856

p 62.
State of Missouri County of Greene
Be it remembered that John L. McCraw, B.W. Henslee and W.B. Roper who are personally known to the undersigned Clerk of the Circuit Court as the persons whose signatures are subscribed to the forgoing report as the Commissioners duly appointed and severally acknowledged the same to be the act and deed for the purposes therein mentioned, A.G. McCracken Clerk of Said Court with the seal of the said Court hereto affixed at office this 28th November 1856 A.G. McCracken Clk
by J.W.D.L.F. Mack DC

Which said report is by the Court viewed and approved whereupon it is ordered, adjudged and decreed by the Court that the Sheriff of Greene County sell said real estate mentioned in said Commissioners report some day during the sitting of the next term of this Court which commences on the first Monday in March 1857 to the highest bidder on the following terms viz: one-third cash in hand, one-third in twelve months, and one-third in two years. The purchasee giving bond and approved security and that the Sheriff advertise the same according to Law.

p 63. Saturday November 29, 1856.
Now at this day comes the Sheriff and returns the following as a venue for a Grand Jury in obedience to the order made yesterday, viz: Marcus Boyd, James R. Turner, Austin Mills, William (no surname), W.H. Whitlock, John McElhaney, Isaac Dyer, H.C. Wilkerson, Joshua M. Barley, Samuel Fulbright, Henry Mattock, Thomas G. Barham, John Kinney, Andrew Owen, Ralf Lotspeach, John A. Miller, Daniel Cahill, Joseph K. Gibson, eighteen good and lawful men who being duly elected sworn and charged to well and truly inquire within and for the body of the County of Greene retire to consider of their presentments.

Joshua M. Bailey Plaintiff
vs                                                   Civil Action
Peter Apperson Defendant
Now at this day again come the parties by their attorneys and by leave of the Court and agreement of parties a Change of Venue is awarded in this cause to Barry County Circuit Court.

p 64.
Lair and Easthum Plaintiffs
vs                                                   Civil Action
John B and Charles Wilkerson Defendants
Now at this day come the parties by attorneys and it is ordered by the Court that the order made at the regular term of this Court for the Sheriff to seize and sell the property mentioned in said order viz: one yoke of oxen and rifle gun be and the same is hereby recinded.

Joshua M. Bailey Plaintiff
vs                                                   Civil Action
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court files his motion that the Sheriff be ordered to make Plaintiff a Deed to certain real estate sold by order of the Court on Judgment to foreclose mortgage.

174
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D JR
NOVEMBER ADJOURNED TERM 1856

p 64
Now at this day comes the Grand Jury and returns the following Bill of Indictment. The State of Missouri vs Joseph Laduke, Grand Larceny which is ordered on file and capias to issue forthwith whereupon the Grand Jury is by the Court discharged,

p 65.
Junius T. Campbell
to Deed
Joseph Farrier
Now at this day comes Junius T. Campbell who is known to the Court as the former Sheriff of Greene County and the identical person whose signature appears to an instrument of writing purporting to be a Sheriff's Deed to Joseph Farrier for the following described land, viz: the E 1/2 of the NW 1/4 of SE 1/4 Sect 11 Township 29 Range 22 viz: the NW 1/4 plus NE 1/4 of SE 1/4 of the NW 1/4 of SE 1/4 of Sect 11 Township 29 Range 22 containing 30 acres and the said Junius T. Campbell acknowledged the same to be his act and deed for the purposes therein mentioned.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Joseph Laduke Defendant
Now at this day comes the Sheriff and returns the capias issued in the cause and also the body of the said Defendant, and the said Defendant by his attorney files his application for a continuance of this cause verified by his affidavit for want of material testimony which he will be able to obtain by the next term of this Court. This Cause is continued until the next term of the Court and the Sheriff is by the Court ordered to reconvey the said Defendant to the jail of said County.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Joseph Laduke Defendant
Now at this day comes Anthony Garroutte, Charles W. Garroutte, Leopold Farmer and Calvin B. Henslee who acknowledge themselves to owe and stand indebted unto the State of Missouri in the sum of $50 each to be bond of their respective goods and chattles lands and tenements to be void on condition that they be and make their personal appearance before the Judge of our Greene Circuit Court to be held at the Court House in the city of Springfield on the first Monday in March 1857 and testify in a cause pending in said Court whereas the State of Missouri is Plaintiff and Joseph Laduke is Defendant and not depart said Court without leave.

p 66.
Joel Philips Admin of Joseph Hale
Now at this day comes Joel Philips Administrator of Joseph Hale deceased and files his petition for the Court to appoint appraisers to appraise real estate of said Hale deceased in order that the same may be sold under the act of the legislature of Missouri approved Nov 19th 1855. And the said Joel Philips admin. as aforesaid having also filed his bond with approved security. It is ordered by the Court that Larkin Payne, Tipton Carter and William Edward be appointed appraisers and appraise said real estate viz; E 1/2 of NE 1/4 and SW 1/4 of NE 1/4 of Sect 25 TWP 28 Range 23 and the said Joel Philips is hereby ordered to sell said real estate for cash in hand or on a credit as he may deem most advantageous to said estate.

END OF 1856 Court.

175

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